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RE: [infoguys-list] RE: FCRA & EMPLOEE INVESTIGATIONS

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  • Consulting Investigation Services
    IF the results of your investigation are going to be used, or could be used to effect the pay grade or employment status, including demotions, then you MUST
    Message 1 of 6 , May 2, 2005
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      IF the results of your investigation are going to be used, or could be used
      to effect the pay grade or employment status, including demotions, then you
      MUST notify them in writing no later than 72 hours from the time you begin
      your investigation.
      You don't have to get their permission, but you have to notify them.
      I've got the rule number and section around here somewhere, I'll try and
      find it and get it up to you.
      Brian K. Ingram, Owner
      Consulting Investigation Services
      Email Tracing/Internet &eBusiness Investigations
      Forensic Data Recovery,
      Catastrophic Event Investigations,
      Major Case Criminal Defense
      "Setting the New Standards in Private Investigations"
      brian@...
      www.cispi.net
      www.itraceemail.com
      Texas P.I. License A-8429
      972-937-3938


      -----Original Message-----
      From: infoguys-list@yahoogroups.com [mailto:infoguys-list@yahoogroups.com]
      On Behalf Of Karl Souders
      Sent: Sunday, May 01, 2005 9:24 PM
      To: infoguys-list@yahoogroups.com
      Subject: [infoguys-list] RE: FCRA & EMPLOEE INVESTIGATIONS


      Fellow Group Members,

      Sorry for the cross post:

      I know someone had visited this subject recently (either on this or
      another group), however, I wanted to make sure that I understood
      correctly.

      Hypothetical - A client is under investigation for criminal charges,
      a current employee is maligning the client around town. Also, may
      be spreading information, that is "NOT" exactly on the up and up, in
      circles that would be causing more complications for the client.
      The client wishes to determine this employee's associates and other
      information about the employee, via surveillance, BG check, and
      other means.

      My question is: Did I understand that we would have to have a
      release or waiver of some type from the employee, since I would be a
      third party performing the investigation? Can someone provide
      information and what part of the FCRA applies?

      Thanks in advance,
      Karl Souders

      Souders Investigations
      AR LIC #D03-091
      315 E. 2ND Street
      Dyess, AR 72330
      870-764-2040
      888-480-7523
      soudersinvest@...










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    • Bob Hrodey
      ... Not any more. I think Rep Pete Sessions (R-TX) bill to remedy that goofy stuff was passed into law last year was it not? They get to hear about it at the
      Message 2 of 6 , May 2, 2005
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        on 5/2/2005 11:03 AM Consulting Investigation Services said the following:

        > IF the results of your investigation are going to be used, or could be
        > used
        > to effect the pay grade or employment status, including demotions,
        > then you
        > MUST notify them in writing no later than 72 hours from the time you begin
        > your investigation.
        > You don't have to get their permission, but you have to notify them.
        > I've got the rule number and section around here somewhere, I'll try and
        > find it and get it up to you.
        > Brian K. Ingram, Owner


        Not any more. I think Rep Pete Sessions' (R-TX) bill to remedy that
        goofy stuff was passed into law last year was it not?
        They get to hear about it at the hearing and contest it but the notice
        went out the window along with obtaining a release from them on
        workplace investigations. New hires are still subject to the full FCRA
        in that you need a release, they get the results if it results in them
        not being hired, etc.

        --
        Enjoy,

        Bob
        ________________________________________________________________
        Hrodey & Associates Established 1977
        Post Office Box 366 Member of NALI, ASIS, FBINAA, NAPPS
        Woodstock, IL 60098-0366 NCISS, Assoc Det of IL & P.A.W.L.I.
        Licensed in IL & WI (815) 337-4636 Voice 337-4638 Fax
        email: inquiry@... or rth@...
        Illinois License 115-000783 Wisconsin 8045-063
      • Consulting Investigation Services
        Here is the law itself from the FTC s web site. Read the definitions carefully. Investigative Consumer Report and Employment especially. Employment is
        Message 3 of 6 , May 2, 2005
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          Here is the law itself from the FTC's web site.
          Read the definitions carefully. Investigative Consumer Report and
          Employment especially.
          Employment is expanded to include promotion, retention etc..


          -----Original Message-----
          From: Bill Mitchell [mailto:mitchellreports@...]
          Sent: Monday, May 02, 2005 11:31 AM
          To: brian@...
          Subject: RE: [infoguys-list] RE: FCRA & EMPLOEE INVESTIGATIONS



          Brian:

          Please copy me as well. I am working with a client who has put a covert
          camera in place. She is stealing from him every day. Do we need to notify
          her before we catch her?

          Seems ridiculous.

          Bill Mitchell - Seven-Day Detective tm
          Mitchell Reports Investigations, LLC
          2131 Woodruff Road, Suite 2100-299
          Greenville, SC 29607-5959
          864.329.0530 (phone) 864.329.0531 (fax)
          Author "The More You Know - Getting the evidence and support you need to
          investigate a troubled relationship" http://www.billmitchellpi.com Watch Dr.
          Phil Tuesday, May 10th, 2005 for my guest appearance!

          -----Original Message-----
          From: infoguys-list@yahoogroups.com [mailto:infoguys-list@yahoogroups.com]
          On Behalf Of Consulting Investigation Services
          Sent: Monday, May 02, 2005 12:03 PM
          To: infoguys-list@yahoogroups.com
          Subject: RE: [infoguys-list] RE: FCRA & EMPLOEE INVESTIGATIONS

          IF the results of your investigation are going to be used, or could be used
          to effect the pay grade or employment status, including demotions, then you
          MUST notify them in writing no later than 72 hours from the time you begin
          your investigation. You don't have to get their permission, but you have to
          notify them. I've got the rule number and section around here somewhere,
          I'll try and find it and get it up to you. Brian K. Ingram, Owner Consulting
          Investigation Services Email Tracing/Internet &eBusiness Investigations
          Forensic Data Recovery,
          Catastrophic Event Investigations,
          Major Case Criminal Defense
          "Setting the New Standards in Private Investigations" brian@...
          www.cispi.net www.itraceemail.com Texas P.I. License A-8429 972-937-3938


          -----Original Message-----
          From: infoguys-list@yahoogroups.com [mailto:infoguys-list@yahoogroups.com]
          On Behalf Of Karl Souders
          Sent: Sunday, May 01, 2005 9:24 PM
          To: infoguys-list@yahoogroups.com
          Subject: [infoguys-list] RE: FCRA & EMPLOEE INVESTIGATIONS


          Fellow Group Members,

          Sorry for the cross post:

          I know someone had visited this subject recently (either on this or
          another group), however, I wanted to make sure that I understood
          correctly.

          Hypothetical - A client is under investigation for criminal charges,
          a current employee is maligning the client around town. Also, may
          be spreading information, that is "NOT" exactly on the up and up, in
          circles that would be causing more complications for the client.
          The client wishes to determine this employee's associates and other
          information about the employee, via surveillance, BG check, and
          other means.

          My question is: Did I understand that we would have to have a
          release or waiver of some type from the employee, since I would be a
          third party performing the investigation? Can someone provide
          information and what part of the FCRA applies?

          Thanks in advance,
          Karl Souders

          Souders Investigations
          AR LIC #D03-091
          315 E. 2ND Street
          Dyess, AR 72330
          870-764-2040
          888-480-7523
          soudersinvest@...










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          [Non-text portions of this message have been removed]
        • Consulting Investigation Services
          I thought he d got that bill through the House but I wasn t sure about the Senate and if it was signed. That s great. Brian ... From:
          Message 4 of 6 , May 3, 2005
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            I thought he'd got that bill through the House but I wasn't sure about the
            Senate and if it was signed.
            That's great.
            Brian

            -----Original Message-----
            From: infoguys-list@yahoogroups.com [mailto:infoguys-list@yahoogroups.com]
            On Behalf Of Bob Hrodey
            Sent: Monday, May 02, 2005 11:30 AM
            To: infoguys-list@yahoogroups.com
            Subject: Re: [infoguys-list] RE: FCRA & EMPLOEE INVESTIGATIONS


            on 5/2/2005 11:03 AM Consulting Investigation Services said the following:

            > IF the results of your investigation are going to be used, or could be
            > used
            > to effect the pay grade or employment status, including demotions,
            > then you
            > MUST notify them in writing no later than 72 hours from the time you begin
            > your investigation.
            > You don't have to get their permission, but you have to notify them.
            > I've got the rule number and section around here somewhere, I'll try and
            > find it and get it up to you.
            > Brian K. Ingram, Owner


            Not any more. I think Rep Pete Sessions' (R-TX) bill to remedy that
            goofy stuff was passed into law last year was it not?
            They get to hear about it at the hearing and contest it but the notice
            went out the window along with obtaining a release from them on
            workplace investigations. New hires are still subject to the full FCRA
            in that you need a release, they get the results if it results in them
            not being hired, etc.

            --
            Enjoy,

            Bob
            ________________________________________________________________
            Hrodey & Associates Established 1977
            Post Office Box 366 Member of NALI, ASIS, FBINAA, NAPPS
            Woodstock, IL 60098-0366 NCISS, Assoc Det of IL & P.A.W.L.I.
            Licensed in IL & WI (815) 337-4636 Voice 337-4638 Fax
            email: inquiry@... or rth@...
            Illinois License 115-000783 Wisconsin 8045-063







            <p><hr></p>
            To subscribe, send an empty message to <a
            href="mailto:infoguys-list-subscribe@yahoogroups.com">infoguys-list-subscrib
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          • Consulting Investigation Services
            Karl, It seems that while I had my head up inside computers, the law changed. Bob provided the new information. I m sorry I originally sent you erroneous
            Message 5 of 6 , May 3, 2005
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              Karl,
              It seems that while I had my head up inside computers, the law changed.
              Bob provided the new information.
              I'm sorry I originally sent you erroneous information, it was not
              intentional.
              In any event, now you have the correct answer and that is what is important.
              Take care,
              Brian

              -----Original Message-----
              From: infoguys-list@yahoogroups.com [mailto:infoguys-list@yahoogroups.com]
              On Behalf Of Karl Souders
              Sent: Sunday, May 01, 2005 9:24 PM
              To: infoguys-list@yahoogroups.com
              Subject: [infoguys-list] RE: FCRA & EMPLOEE INVESTIGATIONS


              Fellow Group Members,

              Sorry for the cross post:

              I know someone had visited this subject recently (either on this or
              another group), however, I wanted to make sure that I understood
              correctly.

              Hypothetical - A client is under investigation for criminal charges,
              a current employee is maligning the client around town. Also, may
              be spreading information, that is "NOT" exactly on the up and up, in
              circles that would be causing more complications for the client.
              The client wishes to determine this employee's associates and other
              information about the employee, via surveillance, BG check, and
              other means.

              My question is: Did I understand that we would have to have a
              release or waiver of some type from the employee, since I would be a
              third party performing the investigation? Can someone provide
              information and what part of the FCRA applies?

              Thanks in advance,
              Karl Souders

              Souders Investigations
              AR LIC #D03-091
              315 E. 2ND Street
              Dyess, AR 72330
              870-764-2040
              888-480-7523
              soudersinvest@...










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